1. Rights Management and Educational Repositories Charles Duncan C.Duncan@intrallect.com

2. Why bother? Copyright has always existed –What is different in the digital age? Are repositories particularly affected? Reasons for reluctance to share –Need to define/project terms and conditions –Need to handle other people’s rights properly Solutions?

3. Case study (to be published by Becta) IVINURS (International Virtual Nursing School) Problem – reluctance to deposit in repository (intraLibrary) Solution – Selection of five licences –Creative Commons (modify and no-modify) –IVINURS only (modify and no-modify) –Terms and conditions for web resources Result – enhanced deposit Supplementary problem – no enhanced use? –IVINURS licences are used but are not Common

4. Six-stage model DRM Policy Creation DRM Policy Projection

5. Recognition of rights DRM Policy Creation DRM Policy Projection Recognition of rights Assertion of rights Expression of rights Dissemination of rights Exposure of rights Enforcement of rights

6. Who, Which, Uses staff, employers and suppliers (e.g. publishers) all need to be aware of who the rights holders are, which rights are concerned (e.g. copyright, moral rights, database rights) extent to which some rights might be relaxed to permit certain uses “All rights reserved” v. “Some rights reserved”

7. Assertion of rights DRM Policy Creation DRM Policy Projection Recognition of rights Assertion of rights Expression of rights Dissemination of rights Exposure of rights Enforcement of rights

8. Legal framework a legal framework in which rights holders can assert their rights in a form that is defendable under law Copyright – automatic Database rights 1 – automatic in EU Moral rights – vary between countries Permitted uses – requires licences 1 “obtaining, verification and presentation”

9. Licences Permitted uses and exclusions Get a lawyer to draw up a licence Use an existing licence –Creative Commons licences –GPL (General Public Licences)

10. Permitted uses Render/Usage –display, print, play, execute Derivative/Reuse –modify/edit, excerpt/extract, annotate, aggregate/embed Transport/Transfer –sell, lend/loan, give, lease, move/transfer, duplicate/copy Utility/Asset management –backup, install, delete, verify, restore, uninstall, save/export

11. Constraints Attribution – recognition of authorship Location – geographic (e.g. Slovenia only,.ac.uk domain only) Duration – time-limited Type of user – teachers, students, medics, … Communities – European teachers, EdReNe members Number of users Non-commercial only/ Education only Properties – e.g. image resolution, file format Sharealike – when redistribution is permitted

12. Choose licence(s) Most common requirements: –Attribution –Closed/Open Community –Modify/No derivatives –Commercial/Non-commercial/Educational Suggests one licence will not do but probably needs no more than about six

13. Expression of rights DRM Policy Creation DRM Policy Projection Recognition of rights Assertion of rights Expression of rights Dissemination of rights Exposure of rights Enforcement of rights

14. Statements Copyright or licence statement Link between digital object and statement Format of statement: –Human readable –Lawyer readable –Machine readable (rights expression languages)

15. Human Readable

16. Lawyer-readable

17. Machine readable This work is licenced under a Creative Commons Licence. -

18. Digital Rights Expression Languages Digital Rights Expression Languages (DRELs) Examples –XrML 1 (eXtensible rights Markup Language) –ISO REL (based on XrML) –ODRL (Open Digital Rights Language) –METSRights (Metadata Encoding Transmission Standard) Benefits –Machine readable/searchable –Common basis on which to compare licences –Can be embedded with digital objects 1 Patent owned by ContentGuard (Xerox/Microsoft)

22. End of DRM Policy Creation Primarily internal decisions completed DRM Policy projection is mostly about external considerations

23. Dissemination of rights DRM Policy Creation DRM Policy Projection Recognition of rights Assertion of rights Expression of rights Dissemination of rights Exposure of rights Enforcement of rights

24. Searchable rights Repositories make information about their digital objects searchable by making the metadata searchable (SRU/SRW) and harvestable (OAI-PMH) Expose rights information through these searchable mechanisms Expose rights information to search engines (currently only Creative Commons recognised)

25. Harvested or federated search

26. Expose through SRU searches

27. Search engines (CC only)

28. Exposure of rights DRM Policy Creation DRM Policy Projection Recognition of rights Assertion of rights Expression of rights Dissemination of rights Exposure of rights Enforcement of rights

29. Recognising rights Usable at the point of discovery? Can you immediately recognise what rights are permitted: –By reading a licence agreement (?) –By recognising the name of the licence and knowing its conditions (common licences) –By recognising symbols that are widely used

30. Enforcement of rights DRM Policy Creation DRM Policy Projection Recognition of rights Assertion of rights Expression of rights Dissemination of rights Exposure of rights Enforcement of rights

31. Enforcement Enforcement of rights includes both protective measures to ensure that rights are not infringed and steps to be taken when infringements are detected. Authentication/authorisation Licence agreement (click-through or written) Maintain object-licence link (e.g watermark) Legal protection as for copyright Technological protection measures (expensive)

32. Summing up DRM Policy Creation DRM Policy Projection Essential for all organisations Requires infrastructure for greatest benefits Enforcement technology not much used in education

33. Useful References JISC DRM Study and appendices www.intrallect.com/index.php/intrallect/knowledge_base/general_articles/jisc_drm_study_2004__1 HEFCE IPR in e-Learning www.intrallect.com/index.php/intrallect/knowledge_base/general_articles/case_studies_of_iprs_in_international_e _learning_programmes Creative Commons as a Licensing Solution www.intrallect.com/index.php/intrallect/knowledge_base/general_articles/creative_commons_licensing_solutions_f or_the_common_information_environment__1 JISC Legal – Publications www.jisclegal.ac.uk Digital Rights Expression Languages www.jisc.ac.uk/uploaded_documents/TSW0603.pdf TrustDR (Digital Repositories) trustdr.ulster.ac.uk/outputs.php